The Family Proceedings Fees Order 2008

Citation and commencement

1.—(1) This Order may be cited as the Family Proceedings Fees Order 2008 and shall come into force on 1st May 2008.

(2) In this Order—

(a) “LSC” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999(1);

(b) expressions also used in the Family Proceedings Rules 1991(2) have the same meaning as in those Rules.

Fees payable

2.  The fees set out in column 2 of Schedule 1 are payable in family proceedings in the High Court and in county courts in respect of the items described in column 1 in accordance with and subject to the directions specified in that column.

3.  Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings.

Remissions and part remissions

4.  Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.

Revocations

5.  The instruments listed in column 1 of the table in Schedule 3 (which have the references listed in column 2) are revoked.

Transitional provision

6.  Fees 2.2(b) and (c) are not payable in respect of an issues resolution hearing, pre-hearing review or final hearing which has been listed on any day between 1st May 2008 and 14th May 2008 inclusive.

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

3rd April 2008

We consent,

Steve McCabe

Claire Ward

Two of the Lords Commissioners of Her Majesty’s Treasury

7th April 2008